Re: Romeo McGregor
ORB File No: 5583
Hearing Held On: Tuesday, July 15, 2025
Place of Hearing: Waypoint Centre for Mental Health
Pursuant To: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. J. Ferencz
Dr. B. Bordoff
Ms. A. La Viola
Mr. A. Bouvier
Parties Appearing:
Accused: Romeo McGregor
Counsel: Ms. S. Dubb
Person in charge of Hospital: Representative/Counsel: Ms. J. Lefebvre
Attorney-General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DISPOSITION
(Dated August 21, 2025)
Overview
Romeo McGregor was found not criminally responsible on account of mental disorder on March 29, 2010, on charges of sexual assault and fail to comply with a probation order, contrary to the Criminal Code. Mr. McGregor is currently subject to a disposition of the Ontario Review Board dated May 21, 2024, detaining him at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene, Ontario. The terms of his Detention Order include hospital and grounds privileges, escorted by staff.
As a preliminary issue, the Board was informed that Mr. McGregor was detained at the Maplehurst Correctional Complex, and that he would not be attending the hearing. An order excusing him was made further to s. 672.5(10) of the Criminal Code. In addition, the parties were informed that a psychiatrist sitting on the panel attended to Mr. McGregor approximately 5 years ago, and no objections were raised, and it was determined that there was no conflict of interest with Dr. Ferencz sitting on the Board as a panel member.
At the outset of the hearing, Counsel for the Hospital, Counsel for the Attorney General and Counsel for Mr. McGregor all jointly submitted that in their respective views – Mr. McGregor continues to represent a significant threat to the safety of the public. The necessary and appropriate disposition for him is his detention at Waypoint – essentially ‘no change’ to his current disposition. In the meantime, Mr. McGregor continues to be incarcerated, with trial dates set for November and December 2025 on twenty-five criminal charges, including point firearm (x4), robbery (x4), break and enter, discharge firearm, possession of loaded firearm without authorization, sexual assault with a weapon, and possession of a weapon while prohibited, among others.
Issues
- On July 15, 2025, the Board convened at Waypoint for a hearing further to s. 672.81(1) of the Criminal Code to review the current disposition. The Board was asked to determine whether Mr. McGregor is a significant threat to the safety of the public at the time of the hearing, and further, what is the necessary and appropriate disposition in the circumstances for Mr. McGregor according to the factors set out in s. 672.54 of the Criminal Code.
Findings
- After reviewing the evidence and considering the submissions of the parties, the Board finds that Mr. McGregor continues to pose a significant threat to the safety of the public. Mr. McGregor is currently incarcerated at the Maplehurst Correctional Complex, awaiting trial. While the Board does not have jurisdiction over his custodial status within the criminal justice system, the Board remains responsible for reviewing and continuing his disposition. Based on the evidence before it, the Board finds that continued detention at a high security forensic setting remains both necessary and appropriate at this time.
Psychiatric Background
The Risk Assessment dated December 23, 2023, and the Hospital Report from St. Joseph’s Healthcare Hamilton dated March 3, 2022, were entered as exhibits at the hearing. The following background information, including the events surrounding the 2009 index offence has been taken from the Hospital Report, summarized here as follows.
On July 15, 2009, while Mr. McGregor was on probation and required to keep the peace and be of good behaviour, he sexually assaulted a stranger on a transit bus. The sexual assault included putting his arm around the woman, trying to force her to kiss him, reaching under the victim’s shirt and bra to fondle her breast, trying to remove her pants, and lowering his own pants to expose his erect penis. The assault ended when the victim broke free of Mr. McGregor and ran to the front of the bus.
Mr. McGregor, now 39 years old, was born in Jamaica and immigrated to Canada at age 10 with his mother and grandmother. From adolescence, he had significant involvement with the criminal justice system, serving custodial sentences for robbery and firearms offences, and associating with gangs and drug trafficking. Four months after his release from a five-year prison sentence in 2007, he committed further offences resulting in his detention at CAMH. A transfer followed to Waypoint due to the aggressive behaviour. Initially, he gradually stabilized through treatment. After five years, he transferred to St. Joseph’s Healthcare Hamilton where he demonstrated notable progress, maintaining employment, enrolling in college, and consistently testing negative for substance use.
However, Mr. McGregor's transition to independent community living in 2018 was challenging. He rapidly deteriorated, exhibiting signs of substance misuse, poor cooperation with treatment teams, and behavioural instability. Over the following four years, Mr. McGregor had repeated hospitalizations linked to alcohol and cannabis use, which he minimized, as well as a positive test for cocaine. His behaviour in hospital was frequently irritable, volatile, oppositional, and occasionally sexually inappropriate, complicating efforts to balance his autonomy with public safety concerns.
In early 2022, Mr. McGregor faced more than twenty-five new criminal charges, including robbery, confinement, sexual assault, and firearms offences. Allegations detailed violent, threatening conduct involving assaults on multiple victims at gunpoint, and discharging a firearm during a home invasion. At the time of these alleged offences, he was on probation and subject to multiple firearms prohibitions. He was arrested and he remained incarcerated at the time of the hearing.
Mr. McGregor’s current psychiatric diagnoses are Substance-Induced Psychosis (currently in remission), Antisocial Personality Disorder, Alcohol Use Disorder and Cannabis Use Disorder. He has been found capable of making decisions about his medical treatment, and he is capable of managing his finances.
Evidence at the Hearing
Mr. McGregor’s history in hospital is detailed in the last Hospital Report authored by Dr. Wesley Sutton, along with the Risk Assessment authored by Dr. Gary A. Chaimowitz. No oral testimony was presented at the hearing. However, the following was gleaned from oral evidence by Dr. Chaimowitz, which the Board accepted at the last annual review on May 9, 2024.
Dr. Chaimowitz endorsed Dr. Sutton’s previous testimony, identifying substance use, poor coping with social stress, and severe antisociality as Mr. McGregor's primary risk factors. Despite extensive monitoring, the treatment team failed to detect or prevent Mr. McGregor’s alleged serious offending behaviour, which occurred under close supervision. His impulsive criminal actions appear largely driven by an antisocial personality disorder, exacerbated by substance abuse, supporting the conclusion that Waypoint’s maximum secure environment is the necessary and appropriate setting to adequately manage his risk to public safety.
It was further noted the challenges in treating Mr. McGregor, particularly due to his personable, charming, and friendly demeanor, conflicting with the severity of his antisocial personality disorder diagnosis. For Mr. McGregor to progress effectively within the forensic system, he must actively participate in both pharmacological and non-pharmacological treatments. Although the Risk Assessment references potential sexual (paraphilic) issues, Dr. Chaimowitz indicated that a paraphilia diagnosis remains uncertain. Instead, Mr. McGregor's sexual offending could result from his personality disorder, psychopathic characteristics, substance abuse, or situational opportunities.
Submissions
Counsel for the Hospital submitted that the reports from both St. Joseph's Healthcare and the Hamilton Wentworth Correctional Facility, together with the recent medical records from Maplehurst Correctional Complex in 2024 and 2025 support the conclusion that Mr. McGregor continues to meet the ‘significant risk’ threshold. The submissions highlighted recent allegations of violence and assault occurring even within custodial settings, demonstrating ongoing risk. Counsel noted that Mr. McGregor currently receives psychiatric care, was seen by a psychiatrist at Hamilton Wentworth, and continues to have psychiatric access at Maplehurst. With respect to the necessary and appropriate disposition, Counsel emphasized the seriousness of the pending charges. On that basis, Counsel submitted that the disposition should continue to detain Mr. McGregor at the high secure setting at Waypoint, as Mr. McGregor requires that higher level of security. If Mr. McGregor is eventually convicted and sentenced, he would become a ‘dual status offender’ but noted that the issue is not currently before the Board.
Counsel for the Attorney General adopted the Hospital's submissions entirely, maintaining its previous position and adding nothing further given the joint submission. Counsel for Mr. McGregor also indicated they had nothing additional, confirming their agreement with the Hospital’s recommendation.
Analysis and Conclusion
(a) Significant Threat
Under s. 672.54 of the Criminal Code, the Board must determine whether Mr. McGregor poses a significant threat to the safety of the public and, if so, what the least onerous and least restrictive disposition would be that adequately protects public safety while supporting the accused’s treatment and rehabilitation. The definition of ‘significant threat’ is guided by the principles set out in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, which defines it as a risk of serious physical or psychological harm that is criminal in nature.
In making this determination, we have considered the written reports of Dr. Wesley Sutton and Dr. Gary Chaimowitz, the Risk Assessment dated December 23, 2023, and the oral evidence received at prior hearings. Dr. Sutton is Mr. McGregor’s long-time treating psychiatrist, has consistently describe him as having deeply ingrained antisocial traits, poor impulse control, and a pattern of superficial compliance. Dr. Sutton has previously emphasized the difficulty in managing Mr. McGregor’s behaviour even in closely monitored environments. He described Mr. McGregor’s behaviour as volatile, manipulative, and as having the capacity to present as cooperative, while continuing to engage in violent/inappropriate conduct. These characteristics have repeatedly undermined treatment efforts and masked the severity of his risk.
We are also guided by the findings of the HCR-20 structured risk assessment, which confirmed the presence of multiple longstanding risk factors. These include early and persistent antisocial behaviour, impulsivity, lack of insight, poor supervision response, and a demonstrated pattern of violence linked to substance misuse. His risk is driven primarily by entrenched antisocial personality traits, elevated psychopathy, and a longstanding pattern of substance-related violent and sexual offending. We accept that his recent alleged conduct and resulting charges for serious criminal offences committed while under supervision, reflects an enduring and treatment resistant risk profile. Despite the structured setting at St. Joseph’s Healthcare, the treatment team was unable to prevent the oncoming criminal behaviour. The failure of risk management strategies in that setting was cited as further evidence that Mr. McGregor cannot be safely supervised in a less secure environment.
We also considered the fact that even while incarcerated at Maplehurst Correctional Complex, Mr. McGregor has continued to be implicated in behavioural incidents, confirming the persistence of his risk in custodial settings. On the totality of the evidence, and having regard to the consistent clinical findings, the Board concludes that Mr. McGregor continues to pose a significant threat to the safety of the public.
(b) Necessary and Appropriate Disposition
Having determined that Mr. McGregor meets the threshold for ‘significant threat,’ the Board must determine the appropriate disposition. Although he is presently incarcerated and awaiting trial on numerous criminal charges, his forensic hospital status remains in effect. The Board remains responsible for ensuring that the disposition is consistent with both public safety, and the least onerous and least restrictive in the circumstances.
The Board accepts the submissions of all parties that continued detention at the Waypoint Centre for Mental Health Care remains the necessary and appropriate disposition. Dr. Sutton previously advised that Mr. McGregor’s risk escalates significantly in the absence of structured containment and that previous efforts to supervise him in community or minimum secure settings have failed. His ability to present well in interviews while concealing risk behaviours makes him uniquely difficult to manage outside of a highly secure forensic environment.
The Board is satisfied that detention at Waypoint, with hospital and grounds privileges only when escorted by staff, continues to be the least onerous and least restrictive means of managing Mr. McGregor’s risk. This setting ensures access to psychiatric care, behavioural oversight, and risk monitoring that cannot be replicated in correctional or community-based settings. While Mr. McGregor’s legal circumstances may evolve pending the outcome of his criminal proceedings, the Board’s responsibility is to ensure that the disposition remains aligned with the current clinical evidence and legal standards. Based on the record before it, the Board finds that no lesser disposition would be sufficient at this time.
DATED this 21st day of August 2025, at the City of Toronto, in the Toronto Region.
Ms. A. La Viola
Legal Member
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Office of the Registrar
Ontario Review Board